The Rust assistant director Dave Halls who handed Alec Baldwin the prop gun that killed cinematographer Halyna Hutchins has been subpoenaed for an interview by state workplace safety regulators.
District Judge Bryan Biedscheid granted a request by the Occupational Health and Safety Bureau of the state Environment Department to issue a subpoena to the Rust assistant director.
Safety officials had previously reached out to interview Halls twice, but he declined through his lawyer both times.
Reportedly, Halls grabbed the gun and yelled “cold gun” — which meant it was safe to use, according to search warrant reports.
And while the affidavit states the gun “was fired” by Baldwin, the actor has since said it was a misfire.
Cinematographer Halyna Hutchins was killed and director Joel Souza was wounded in the October 21 incident at the Bonanza Creek Ranch near Santa Fe.
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Halls alleged he did not know the prop gun that killed Hutchins was loaded.
Safety officials have attempted to contact Halls twice since November 2 for an interview but he declined both times through his lawyer. He additionally stated he would not agree to an interview until a criminal investigation into the shooting was complete, according to an affidavit in the subpoena request.
The interview is of the uptomst importance as Halls had responsibilities for set safety, knew who was present during the shooting and had handled the gun.
Deputy cabinet secretary of the Environment Department Rebecca Roose told the Santa Fe New Mexican that the department proposed a Tuesday interview but the judge could set another date or Halls’ lawyer, Lisa Torracco, could fight the subpoena.
Torracco informed the station that Halls will cooperate with state investigators.
Baldwin has previously stated that he did not know the gun contained a live round and that investigators should look into who put it in the weapon.
Prop maker and pyrotechnician Maggie Goll made complaints against Dave Halls previously after they worked together on a production for Hulu in 2019 called Into the Dark.
In Goll’s statement to CNN in October, she claimed that Halls never addressed weapon safety protocols in production meetings or when a firearm was to be used on the set.
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